A Federal High Court ruling that nullified the Independent National Electoral Commission’s (INEC) schedule for the 2027 general elections has been overruled by the Court of Appeal in Abuja.
The Electoral Act of 2026 gave the electoral board the authority to act, according to the appellate court.
The Court of Appeal upheld INEC’s appeal and overturned the Federal High Court’s May 20 ruling, which had invalidated important timetables provided by the commission for the conduct of the 2027 polls, in a unanimous ruling rendered on Thursday by a three-member panel.
The trial court did not follow legally binding precedents when making its ruling, according to the appellate court.
It decided that the Electoral Act of 2026 permits INEC’s Revised Timetable for the 2027 general elections to be considered subsidiary legislation. As a result, it has the same legal weight as the Act.
The court emphasised that every timeframe in the updated schedule complies with the terms of the Electoral Act and also found that the commission operated within its statutory competence when it set deadlines for electoral activities.
INEC contested the High Court’s decision
On May 25, INEC appealed the Federal High Court’s decision on nine grounds.
The commission contended that before making a decision, the lower court neglected to address a jurisdictional argument it had brought up.
Additionally, it argued that the Youth Party’s (YP) lawsuit was incompetent before the court since it was intellectual and hypothetical.
INEC claims it was denied a fair hearing by the trial court’s failure to consider those preliminary concerns.
The lower court’s interpretation of Sections 29(1), 82, and 84 of the Electoral Act 2026 was also criticised by the electoral commission.
It contended that the Act does not prohibit INEC from releasing an election schedule in order to control the electoral process, even if it mandates that political parties submit the names and details of candidates at least 120 days before to the election and give 21 days’ notice before having primaries.